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14 U.S.C. § 2104 — Appointment of temporary officers
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The president may appoint temporary commissioned officers—
(1) in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from holders of licenses issued under chapter 71 of title 46; and
(2) in the Coast Guard Reserve in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers of the Coast Guard Reserve.
**(b)** Temporary appointments under this section do not change the permanent, probationary, or acting status of individuals so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. An individual who is appointed under this section may not suffer any reduction in the rate of pay and allowances to which he would have been entitled had he remained in his former grade and continued to receive the increases in pay and allowances authorized for that grade.
**(c)** An appointment under this section, or a subsequent promotion appointment of a temporary officer, may be vacated by the appointing officer at any time. Each officer whose appointment is so vacated shall revert to his permanent status.
**(d)** Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. Appointees whose dates of appointment are the same shall take precedence with each other as the Secretary shall determine.
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Source file: Laws/federal/codes/united-states-code/title-14/section-2104-appointment-of-temporary-officers--c8a1436061.md
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Source location: Title 14, Chapter 21, § 2104; chapter-021-personnel-officers.md
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**(a)** The president may appoint temporary commissioned officers—
(1) in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from holders of licenses issued under chapter 71 of title 46; and
(2) in the Coast Guard Reserve in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers of the Coast Guard Reserve.
**(b)** Temporary appointments under this section do not change the permanent, probationary, or acting status of individuals so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. An individual who is appointed under this section may not suffer any reduction in the rate of pay and allowances to which he would have been entitled had he remained in his former grade and continued to receive the increases in pay and allowances authorized for that grade.
**(c)** An appointment under this section, or a subsequent promotion appointment of a temporary officer, may be vacated by the appointing officer at any time. Each officer whose appointment is so vacated shall revert to his permanent status.
**(d)** Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. Appointees whose dates of appointment are the same shall take precedence with each other as the Secretary shall determine.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The President may appoint permanent commissioned officers in the Regular Coast Guard in grades appropriate to their qualification, experience, and length of service, as the needs of the Coast Guard may require, from among the following categories:
(A) Graduates of the Coast Guard Academy.
(B) Commissioned warrant officers, warrant officers, and enlisted members of the Regular Coast Guard.
(C) Members of the Coast Guard Reserve who have served at least 2 years as such.
(D) Licensed officers of the United States merchant marine who have served 2 or more years aboard a vessel of the United States in the capacity of a licensed officer.
(2) Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate.
(3) Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone.
**(b)** No individual shall be appointed a commissioned officer under this section until his mental, moral, physical, and professional fitness to perform the duties of a commissioned officer has been established under such regulations as the Secretary shall prescribe.
**(c)** Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. Appointees whose dates of commission are the same shall take precedence with each other as the Secretary shall determine.
**(d)** For the purposes of this section, the term “original”, with respect to the appointment of a member of the Coast Guard, refers to that member’s most recent appointment in the Coast Guard that is neither a promotion nor a demotion.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The regular warrant officer grades in the armed forces corresponding to the pay grades prescribed for warrant officers by [section 201(b) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section201/b&num=0&edition=prelim) are as follows:Warrant officer grade: Chief warrant officer, W–5. Chief warrant officer, W–4. Chief warrant officer, W–3. Chief warrant officer, W–2. Warrant officer, W–1.
**(b)** Appointments in the grade of regular warrant officer, W–1, shall be made by warrant, except that with respect to an armed force under the jurisdiction of the Secretary of a military department, the Secretary concerned may provide by regulation that appointments in that grade in that armed force shall be made by commission. Appointments in regular chief warrant officer grades shall be made by commission by the President, and appointments (whether by warrant or commission) in the grade of regular warrant officer, W–1, shall be made by the President, except that appointments in that grade in the Coast Guard shall be made by the Secretary concerned.
**(c)** An appointment may not be made in any of the armed forces in the regular warrant officer grade of chief warrant officer, W–5, if the appointment would result in more than 5 percent of the warrant officers of that armed force on active duty being in the grade of chief warrant officer, W–5. In computing the limitation prescribed in the preceding sentence, there shall be excluded warrant officers described in [section 582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section582&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 571
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each officer of the Regular Coast Guard appointed under [section 2104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2104&num=0&edition=prelim) who is serving in the grade of lieutenant (junior grade) or lieutenant and who has failed of selection for promotion to the grade of lieutenant or lieutenant commander, respectively, for the second time shall:
(1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or
(2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or
(3) if on the date specified for his discharge in this section he is eligible for retirement under any law, be retired under that law on that date.
**(b)** Each officer subject to discharge or retirement under subsection (a) may elect to revert to his permanent grade.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2144
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each officer of the Regular Coast Guard serving in the grade of captain whose name is not carried on an approved list of officers selected for promotion to the grade of rear admiral (lower half) shall, unless retired under some other provision of law, be retired on June 30 of the promotion year in which he, or any captain junior to him on the active duty promotion list who has not lost numbers or precedence, completes thirty years of active commissioned service in the Coast Guard. An officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone, or from being placed at the top of the list of selectees promulgated by the Secretary under [section 2121(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2121/a&num=0&edition=prelim), is not subject to involuntary retirement under this section earlier than if he had not been selected from below the zone or placed at the top of the list of selectees, as applicable.
**(b)** Retired pay computed under [section 2504(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2504/a&num=0&edition=prelim) of an officer retired under this section shall not be less than 50 percent of the basic pay upon which the computation of his retired pay is based.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2149
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
Page 125
TITLE 14—COAST GUARD
§ 2104
ized to be serving on active duty in each grade
of the permanent commissioned teaching staff of
the Coast Guard Academy and of the Reserve
serving in connection with organizing, admin-
istering, recruiting, instructing, or training the
reserve components shall be prescribed by the
Secretary.
(Aug. 4, 1949, ch. 393, 63 Stat. 497, § 42; July 20,
1956, ch. 647, § 2, 70 Stat. 588; Pub. L. 86–474, § 1(2),
May 14, 1960, 74 Stat. 144; Pub. L. 88–130, § 1(2),
Sept. 24, 1963, 77 Stat. 174; Pub. L. 89–444, § 1(2),
June 9, 1966, 80 Stat. 195; Pub. L. 90–385, July 5,
1968, 82 Stat. 293; Pub. L. 92–451, § 1(2), Oct. 2,
1972, 86 Stat. 755; Pub. L. 93–174, § 1(2), Dec. 5,
1973, 87 Stat. 692; Pub. L. 96–23, § 4, June 13, 1979,
93 Stat. 68; Pub. L. 97–417, § 2(2), Jan. 4, 1983, 96
Stat. 2085; Pub. L. 97–449, § 5(b), Jan. 12, 1983, 96
Stat. 2442; Pub. L. 98–557, § 25(a)(1), Oct. 30, 1984,
98 Stat. 2872; Pub. L. 99–145, title V, § 514(c)(1),
Nov. 8, 1985, 99 Stat. 629; Pub. L. 103–206, title II,
§ 201, Dec. 20, 1993, 107 Stat. 2420; Pub. L. 108–293,
title II, § 214, Aug. 9, 2004, 118 Stat. 1037; Pub. L.
111–281, title II, § 204(a), Oct. 15, 2010, 124 Stat.
2910; Pub. L. 113–281, title II, § 201, Dec. 18, 2014,
128 Stat. 3024; renumbered § 2103, Pub. L. 115–282,
title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216; Pub. L.
116–283, div. G, title LVXXXII [LXXXII], § 8217,
Jan. 1, 2021, 134 Stat. 4653; Pub. L. 117–263, div. K,
title CXII, § 11236(a), Dec. 23, 2022, 136 Stat. 4035.)
HISTORICAL AND REVISION NOTES
Based on title 14, U.S.C., 1946 ed., § 6a (July 23, 1947,
ch. 301, § 1, 61 Stat. 409).
The only change is in phraseology in the second sen-
tence, it being necessary to include the extra numbers
authorized by the act of J
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 2104
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.